Laurean awaits ruling on his appeal

Cesar Laurean is escorted by Onslow County Sheriff Deputies back to his cell after his hearing in Onslow County Superior Court in April 2010.

File photo

By CHRISTOPHER THOMAS - Daily News Staff

Published: Monday, March 17, 2014 at 09:43 AM.

Onslow County District Attorney Ernie Lee has until March 23 to respond to a motion filed by a convicted murderer.

According to court records, Cesar Laurean, 27 — who was convicted of first-degree murder on Aug. 23, 2010, for the 2007 death of his Marine colleague Lance Cpl. Maria Lauterbach — filed a motion for appropriate relief (MAR) on Aug. 29 due to a decision made by his legal representative, attorney Dick McNeil of Jacksonville. If the relief is granted by the court, Laurean could get a new trial or have his charges dismissed.

In the motion, Laurean said Mc-Neil made a “mistake” by not letting him take the stand since he believes his testimony would have allowed him to plea to the lesser count of second-degree murder since the evidence of his killing Lauterbach was “overwhelming.”

According to his account, Laurean struck Lauterbach with a tire iron out of self-defense when an argument between the two turned violent.

Laurean’s statement said if he had been allowed to testify in court, he would have admitted to killing Lauterbach and that his use of force was “disproportional” to the attack. Laurean’s statement said if he had been given the opportunity to testify on his own behalf, the would have come across as a “stellar, young Marine ... polite, well spoken, amiable and sympathetic.”

According to court documents, McNeil said he advised Laurean not to testify because he didn’t believe Laurean would make a good witness on his own behalf. He said he would have advised Laurean to testify if he knew the court “would not give (the jury) the lesser included instruction without some further evidence in support of second-degree murder.” According to Mc-Neil, judges instruct jurors to consider second-degree murder in first-degree murder cases.

McNeil said Superior Court Judge W. Osmond Smith, who oversaw the case, made a mistake by not allowing the jury to consider second-degree murder before deliberations.

Onslow County District Attorney Ernie Lee has until March 23 to respond to a motion filed by a convicted murderer.

According to court records, Cesar Laurean, 27 — who was convicted of first-degree murder on Aug. 23, 2010, for the 2007 death of his Marine colleague Lance Cpl. Maria Lauterbach — filed a motion for appropriate relief (MAR) on Aug. 29 due to a decision made by his legal representative, attorney Dick McNeil of Jacksonville. If the relief is granted by the court, Laurean could get a new trial or have his charges dismissed.

In the motion, Laurean said Mc-Neil made a “mistake” by not letting him take the stand since he believes his testimony would have allowed him to plea to the lesser count of second-degree murder since the evidence of his killing Lauterbach was “overwhelming.”

According to his account, Laurean struck Lauterbach with a tire iron out of self-defense when an argument between the two turned violent.

Laurean’s statement said if he had been allowed to testify in court, he would have admitted to killing Lauterbach and that his use of force was “disproportional” to the attack. Laurean’s statement said if he had been given the opportunity to testify on his own behalf, the would have come across as a “stellar, young Marine ... polite, well spoken, amiable and sympathetic.”

According to court documents, McNeil said he advised Laurean not to testify because he didn’t believe Laurean would make a good witness on his own behalf. He said he would have advised Laurean to testify if he knew the court “would not give (the jury) the lesser included instruction without some further evidence in support of second-degree murder.” According to Mc-Neil, judges instruct jurors to consider second-degree murder in first-degree murder cases.

McNeil said Superior Court Judge W. Osmond Smith, who oversaw the case, made a mistake by not allowing the jury to consider second-degree murder before deliberations.

Lee said his office is working on a response to Laurean’s MAR, contending that Laurean received a fair trial and his motion should be denied.

Laurean’s first-degreemurder conviction came with a life sentence without the possibility of parole. If Laurean had been convicted of the lesser charge of second-degree murder, he would have been eligible for a non-life sentence and the possibility of parole.

In his statement, Laurean said he was “thankful” for the representation he received and has no criticism for McNeil.

Laurean is currently represented by William Mallory Kent of Jacksonville, Fla.

Christopher Thomas is a staff writer for the Daily News. To contact him, send an e-mail to christopher.thomas@jdnews.com